TERMS AND CONDITIONS

1. Application

This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (Products) listed on our website actionsports.com.au (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

2. Information about Us

We are Action Sports Pty Limited ABN 70 122 978 330

Our Registered office address is:

48B Egerton St

Silverwater, NSW, 2128

3. Service Availability

Our site is only intended for use by people residing in Australia. We do not deliver to all locations – please find the areas we do not ship to in Schedule 1. We currently do not accept orders for addresses outside of Australia.

4. Your Status

By placing an order through our website, you warrant that:

You are legally capable of entering into binding contracts; and

You are at least 18 years old; and

You reside in Australia.

5. How the Contract is Formed Between You and Us

You can order products from us at any time at Actionsports.com.au. When you place an order, you will receive an acknowledgment email confirming receipt of your order (the Order Confirmation). This email will only be an acknowledgment and will not constitute acceptance of your order. Each order placed for Products through our site that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

provide you with an Order Confirmation of that order as soon as practicable after you have placed your order and made payment; and

Supply the Products in that order to you in accordance with these Terms.

Whilst we try and ensure that all details, descriptions and prices which appear on our site are accurate, errors may occur. If we discover an error in the price, available quantities or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order.

If we reject an order placed through our site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

6. Delivery

We deliver to specific areas that covers most of Australia. However please review Schedule 1 which is a list of excluded postcodes that we cannot deliver to.

Delivery times are between 9.00am and 5.00pm Monday to Friday excluding national holidays and we cannot specify an exact time when we will deliver. Our delivery drivers are required to obtain a signature for all deliveries. However you can provide us with an authority to leave your order behind without obtaining a signature by selecting the “Authority to Leave” option when placing your order. You should review our Authority to Leave Terms and Conditions before selecting this option.

Delivery will be attempted once, if no one is available to accept the delivery the driver will leave a card stating directions on how to arrange collection at the nearest depot. If you do not call to arrange redelivery within 5 days, products will be returned to our warehouse. If you still wish to receive them, you will need to re-order through our website. When ordering, please state the floor level of your delivery address as well as your unit number if it is not at ground level. Due to the bulky nature of our goods, our carriers are restricted from mounting stairs to deliver your product so please ensure you have adequate help to take delivery of your item. The Carrier will get the product to the front door of the ground level for handover to you. Please note, we can only deliver to a physical address. Examples of addresses we cannot deliver to include, but are not limited to, PO Boxes, Parcel Lockers and Locked Bags. Please see schedule 1 for a list of postcodes that we do not deliver to (Excluded Postcodes).

There may be unforeseen circumstances where we are unable to meet our delivery times. These include but are not limited to:

Weather conditions limiting access to delivery areas

Technical and website related issues

Transport and/or logistical issues

There may be times where your order will be split and delivered to you in separate deliveries. We will inform you of this arrangement if it has been made for your delivery.

On some rare occasions your ordered items may be on backorder. This means we don’t have enough stock to fulfil your order. These backorder items will be delivered to you at a later date when we restock.

By selecting ‘Yes’ at the checkout page, Action Sports will leave your parcel at your unattended premises in accordance with your instructions.

You agree that the parcel is deemed received when left at your premises.

Action and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Action from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

If you do not give Action Authority to Leave, you will have to be at your premises in order for the delivery to occur.

7. Risk and Title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. Price and Payment

The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include GST but exclude delivery costs, which will be added to the total amount due.

Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

Payment for all products must be by credit card. We accept payment by the following credit and debit cards: Visa® and MasterCard®. Please note that you must pay for the products at the time you place your order. A temporary pre-authorisation hold for a nominal amount may be placed on your nominated card. Pre-authorisation confirms that sufficient funds are available for the purchase. Pre-authorisation holds are automatically removed after a short time. Please contact your financial institution for more details.

If you choose to pay by credit or debit card, Action has chosen Fat Zebra to provide secure payment services and the transaction will go through the Fat Zebra website. No credit card information is provided to us.

If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.

9. Contracts With Third Parties

Please note that when you enter into a contract with a third party seller/supplier through our site, including with Airtasker or Fat Zebra (for example if you decide to pay by credit or debit card), the seller/supplier’s individual liability will be set out in their terms and conditions. Please ensure that you are happy with the terms of that contract and seek legal advice if necessary.

10. Liability for defective goods

All goods sold on the Website come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

For goods the come with an additional warranty period advertised by us please see our warranty policy.

Defective goods and incorrect deliveriesAny goods, which are damaged or defective, or which are not otherwise in accordance with the customer’s order, may be returned to Action within a reasonable time after delivery, at no cost to the customer. Within 7 days of the delivery date, Action must be notified of delivery errors including non-delivery, delivery of incorrect quantities or incorrect goods.

Warranty Policy:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The benefits conferred by this warranty are in addition to the consumer guarantees and other rights and remedies in respect of the product which the consumer has under the Australian Consumer law.

Conditions of Warranty

Please keep your receipt, tax invoice or other proof of purchase.

This warranty does not extend to any damage to a product caused by abuse, improper or abnormal usage, use by persons outside the weight or age limits highlighted in the manual, or repairs not provided by Action Sports or our Service Centre. This warranty does not cover ordinary wear, tear and weathering, failure to assemble the product as per the instructions listed in the manual, improper/incomplete installation, improper maintenance, setting up the product in an unsafe location, leaving the product outdoors (excluding outdoor equipment) or acts of God (such as damage caused by storms, lightning, heavy winds and by snow or ice).

The warranty does not cover personal injury or losses due to improper assembly or damage caused by neglect or misuse.

This product is designed specifically for domestic use only. This product is not to be used for commercial means or professional training. This product is also not designed for any medical or therapeutic use. If used in a non-domestic manner it may void the warranty and any liability for the welfare of the user.

If this product is used in an incorrect manner, or in a manner that the product is not designed for injury or damage can result. Before any use, if you are not completely sure if the product is suitable or you are not completely sure how to use the product, please contact our Service Centre on 1800 465 070.

This warranty does not cover installation services provided by a third party assembly service.

To return your item for a warranty claim you must contact our Service Centre. Do not return any products without authorisation as this will be at your expense. Freight costs for the return of these items will be covered by Action Sports during the warranty period or the reasonable expected life of the product. If the warranty is approved the replacement part(s) will be sent back to the consumer free of charge (including the freight cost for the replacement part(s) to be sent to the consumer).

Costs of parts and freight will be charged to the consumer if fault is due to incorrect assembly, damage caused by incorrect assembly or components are damaged by consumer fault during assembly – including but not limited to damage from knives or sharp objects used to open the packaging.

Making a Warranty Claim

In order to make a claim under this warranty please direct your enquiries to our Service Centre. You can contact us on our Freecall 1800 465 070 number, email us on service@actionspares.com.au or send mail to us: Action Service Centre: 1/6 Sedgwick Street, Smeaton Grange, NSW 2567. If you send us mail, please include your contact details.

A service representative will then assist you in the appropriate action to be taken. For all claims you must be able to show clear proof of purchase. Please keep your receipt, tax invoice or other documents showing proof of purchase. For efficient processing of your enquiry if possible please also provide the date of purchase and the brand on the product. Photos of the product, and scans of receipts, may be requested to assist with your claim. Action Sports may reject claims where there is no proof of purchase. Please find the contact details and hours of operation for our Service Centre at the end of this warranty.

The service centre representative will assess the claim. If:

there is a minor fault, we can offer either a replacement spare part, replacement unit, repair or other suitable remedy; or

there is a major fault, we can offer a replacement, repair or a full refund

the product was damaged through abnormal use, no refund or repair can be offered.

Our sales and service centre has been set up to provide assembly assistance, replacement parts and accessories, and to efficiently handle all warranty related matters. Please note upon receiving your warranty claim our Service Centre will send, via post or email, a repair and refurbished goods or parts notice.

Change of mind returnsThe customer may return goods to Action for change of mind and obtain a credit:

Provided that the customer does so within 14 days of delivery

Provided a return authorisation is obtained from Action in advance of goods being returned

Provided the goods are in their original packaging, unopened, of a current model, and otherwise as new and in a saleable condition; and

On the basis that risk in the goods remains with the customer until received by Action.

Please note that for change of mind returns, freight costs back to Action’s Silverwater office will be at the customer’s expense.

11. GST

We reserve the right to recover from you all goods and services tax (GST) payable in respect of the supply of goods and services to you.

12. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.

13. Our Right to Vary These Terms and Conditions

We have the right to revise and amend these Terms at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 7 business days of receipt by you of the Products).

14. Law and Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of New South Wales or, where applicable, the Commonwealth of Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.